Rajkumar Saha @ Raju Saha v. State Of West Bengal

C.R.M. (A) 816 of 2022 22.03.2022 Sl. 93 Court No.29 Sc/SD (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.02.2022 in connection with Kaliachak P. S. Case No. 1006 of 2020 dated 08.12.2020 under Sections 22(C)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of: Rajkumar Saha @ Raju Saha ....petitioner.

Ms. B. Khatun ...for the petitioner.

Mr. Bibaswan Bhattacharya Mr. Antarikhya Basu ...for the State.

Petitioner seeks anticipatory bail.

Considering the fact that no narcotic was recovered from the possession of the petitioner and considering the fact that the police are proceeding against the petitioner on the basis of the statement of the co-accused while in custody and considering the fact that the police filed charge sheet, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985. Consequently, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the

anticipatory bail granted without further reference to this Court. Consequently, we grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 816 of 2022 is, thus disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)